H 3035 Session 110 (1993-1994)
H 3035 General Bill, By J.J. Bailey
Similar(S 63)
A Bill to amend Section 20-7-430, as amended, Code of Laws of South Carolina,
1976, relating to the jurisdiction of courts over a juvenile, so as to require
that a juvenile fourteen years of age or older who commits a crime that would
be a felony if committed by an adult must be tried as an adult in the Court of
General Sessions; to amend Section 20-7-780, as amended, relating to the
confidentiality of fingerprint records of a juvenile, so as to provide that
juveniles detained for offenses that would be a crime if committed by an adult
must be photographed and fingerprinted and the records may be transmitted to
the State Law Enforcement Division, the Federal Bureau of Investigation, or
other law enforcement agencies; and to amend Section 20-7-2170, relating to
commitment of a juvenile, so as to provide that a juvenile adjudicated
delinquent for committing a felony may be sentenced based on standards used
for an adult, and must be held in a maximum security facility for juveniles
until he reaches eighteen years of age.
01/12/93 House Introduced and read first time HJ-27
01/12/93 House Referred to Committee on Judiciary HJ-27
A BILL
TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE
JURISDICTION OF COURTS OVER A JUVENILE, SO AS TO
REQUIRE THAT A JUVENILE FOURTEEN YEARS OF AGE OR
OLDER WHO COMMITS A CRIME THAT WOULD BE A
FELONY IF COMMITTED BY AN ADULT MUST BE TRIED AS
AN ADULT IN THE COURT OF GENERAL SESSIONS; TO
AMEND SECTION 20-7-780, AS AMENDED, RELATING TO THE
CONFIDENTIALITY OF FINGERPRINT RECORDS OF A
JUVENILE, SO AS TO PROVIDE THAT JUVENILES DETAINED
FOR OFFENSES THAT WOULD BE A CRIME IF COMMITTED
BY AN ADULT MUST BE PHOTOGRAPHED AND
FINGERPRINTED AND THE RECORDS MAY BE TRANSMITTED
TO THE STATE LAW ENFORCEMENT DIVISION, THE
FEDERAL BUREAU OF INVESTIGATION, OR OTHER LAW
ENFORCEMENT AGENCIES; AND TO AMEND SECTION 20-7-2170, RELATING TO COMMITMENT OF A JUVENILE, SO AS
TO PROVIDE THAT A JUVENILE ADJUDICATED DELINQUENT
FOR COMMITTING A FELONY MAY BE SENTENCED BASED
ON STANDARDS USED FOR AN ADULT, AND MUST BE HELD
IN A MAXIMUM SECURITY FACILITY FOR JUVENILES UNTIL
HE REACHES EIGHTEEN YEARS OF AGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Items (4) and (5) of Section 20-7-430 of the 1976
Code are amended to read:
"(4) If a child sixteen years of age or older is charged with
an offense which would be a misdemeanor or felony if
committed by an adult and if the court, after full investigation,
deems considers it contrary to the best interest of
such the child or of the public to retain
jurisdiction, the court may, in its discretion, acting as committing
magistrate, bind over such the child for proper
criminal proceedings to any a court which would have
trial jurisdiction of such the offense if committed by
an adult.
(5) If a child fourteen or fifteen years of age who has
two prior and unrelated adjudications of assault, assault and battery
with intent to kill, assault and battery of a high and aggravated nature,
arson, housebreaking, burglary, kidnapping, attempted criminal sexual
conduct or robbery and is currently charged with a third or subsequent
such offense, the court may after full investigation and hearing, if it
deems it contrary to the best interest of such child or of the public to
retain jurisdiction, or older is charged with an offense which
would be a felony if committed by an adult or housebreaking or
robbery, the court, acting as committing magistrate, shall
bind over such the child for proper criminal
proceedings to any a court which would have trial
jurisdiction of such offenses the offense if committed
by an adult."
SECTION 2. Section 20-7-780(C) of the 1976 Code, as last
amended by Act 418 of 1990, is further amended to read:
"(C) A juvenile charged with committing a violent
an offense as defined in Section 16-1-60, or charged with
committing grand larceny of a motor vehicle, may that would
be a crime if committed by an adult must be fingerprinted by the
law enforcement agency who takes the juvenile into custody. A
juvenile charged with committing a nonviolent or status offense
must not be fingerprinted by law enforcement except upon order of a
family court judge. The fingerprint records of a juvenile must be kept
separate from the fingerprint records of adults. The fingerprint
records of a juvenile must not may be transmitted to
the files of the State Law Enforcement Division or to the Federal
Bureau of Investigation or otherwise distributed or provided to another
law enforcement agency unless when the juvenile is
adjudicated delinquent for having committed a violent
an offense, as defined in Section 16-1-60, or for grand
larceny of a motor vehicle that is a felony or
misdemeanor. The fingerprint records of a juvenile who is not
adjudicated delinquent, for having committed a violent
offense, as defined in Section 16-1-60, or for grand larceny of a motor
vehicle upon notification to law enforcement, must be destroyed
or otherwise expunged by the law enforcement agency who took the
juvenile into custody. The Department of Youth Services may
fingerprint and photograph a juvenile upon commitment to a juvenile
correctional institution. Fingerprints and photographs taken by the
Department of Youth Services remain confidential and must
not may be transmitted to the State Law Enforcement
Division, the Federal Bureau of Investigation, or another agency or
person, except for, the purpose of among
other things, aiding the department in apprehending an escapee
from the department or assisting the Missing Persons Information
Center in the location or identification of a missing or runaway
child."
SECTION 3. Section 20-7-2170 of the 1976 Code is amended by
adding at the end:
"A juvenile between the ages of fourteen and seventeen
adjudicated delinquent for committing the crimes of homicide, armed
robbery, or criminal sexual conduct (rape) must be sentenced by the
family court pursuant to guidelines established for adults and must be
incarcerated in a maximum security facility for juveniles under the
control of the Board of Youth Services. The family court may
commit the juvenile for a minimum period of time during which the
board may not release the juvenile."
SECTION 4. This act takes effect upon approval by the Governor.
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